Can my mother stay while I file for her I- 485? 6 Answers as of June 08, 2011

I am a US Citizen applying for Mother who is in USA on visitors visa. She arrived 4 months earlier. 2 months left for her visa stay. Her I 130 petition is approved and I want to file I 485, and it takes 5-6 months for an approval, then will her stay till she gets her GC be considered an overstay?

Ask a Local Attorney. 100% Anonymous. Free Answers.

You should file the I-485 immediately and definitely before the expiration of her I-94. If you file timely, she will then be an applicant for permanent residence. There will not be any visa overstay. If there is any determination of such or any unauthorized employment, it will be forgiven by INA section 245(a). Please call me for details. Thank you.

Yes it will be considered an overstay but it will be automatically forgiven because she is your immediate relative since you are a USC. Your mother should file her I-485 ASAP. I see no problem in the horizon for her. If this is important to you, then please consult competent counsel and the process should be made very smooth for you. I always worry about the mistakes a layperson will make that can doom their otherwise good application to failure. Good luck!

You should be able to obtain an extension on the tourist visa for another six months, which should cover the period of time that the I-485 petition is pending. You also want to check the priority date for the I-130 which helps calculate the time required to obtain a green card. If you have any questions, please do not hesitate to contact me. My office will be open tomorrow, Saturday, from 9am until 1pm.

Yes she can file here but once she files she needs to remain until she get a travel permit or her permanent residency application. We would be happy to assist her and you with the process to maximize the chances of it going through quickly and smoothly. Contact me as indicated below if you would like a fee quote and/or a list of documents to get her case on file, timing, procedures, etc.

Ask a Local Attorney

Disclaimer: The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or should be formed by use of the site. The attorney listings on the site are paid attorney advertisements. Your access of/to and use of this site is subject to additional Supplemental Terms.